Law Glossary
A
- Ab extra
-
From outside
- Ab inito
-
From The Outset
- Acceptance
-
The taking and receiving of anything in good faith with the intention of retaining it.
- Accessorius Sequitur
-
One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender
- Accomplice
-
1. A partner in a crime.
-
2. A person who knowingly and voluntarily participates with another in a criminal activity.
- Acknowledgment
-
A formal declaration before an authorized official by the person who executed an instrument that it is his free act and deed; the certificate of the official on such instrument attesting that it was so acknowledged.
- Acquittal
-
A release, absolution, or discharge of an obligation or liability. In criminal law the finding of not guilty.
- Action Case
-
Cause, suit, or controversy disputed or contested before a court of justice.
- Actus reus
-
A guilty deed or act
- Ad hoc
-
From time to time for a purpose
- Ad infinitum
-
For ever, without limit, infinitely
- Adjudication
-
Giving or pronouncing a judgment or decree. Also the judgment given.
- Administrative agencies
-
Agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation, and labor.
- Administrator
-
1. One who administers the estate of a person who dies without a will.
-
2. A court official.
- Admissible evidence
-
Evidence that can be legally and properly introduced in a civil or criminal trial.
- Affidavit
-
A voluntary, written, or printed declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath.
- Affirmation
-
A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain cases.
- Affirmed
-
In the practice of appellate courts, the word means that the decision of the trial court is correct.
- Agreement
-
Mutual consent.
- Aid and Abet
-
To actively, knowingly, or intentionally assist another person in the commission or attempted commission of a crime.
- Alibi
-
At another place, Elsewhere
- Aliunde
-
From elsewhere, or, from a different source
- Allegation
-
A statement of the issues in a written document (a pleading) which a person is prepared to prove in court.
- Alteration
-
Changing or making different.
- Alternative dispute resolution
-
Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.
- Amicus curiae
-
A friend of the court
- Ancillary
-
A proceeding which is auxiliary or subordinate to another proceeding. In probate, a proceeding in a state where a decedent owned property but was not domiciled.
- Ante
-
Before
- Anti-viral/Virus
-
A programme that can detect, and sometimes eliminate, computer viruses
- Appeal
-
A proceeding brought to a higher court to review a lower court decision.
- Appearance
-
The act of coming into court as a party to a suit either in person or through an attorney.
- Appellate court
-
A court having jurisdiction to hear appeals and review a trial court's procedure.
- Appendix
-
Supplementary materials added to the end of a document.
- Application
-
Describes a word processor, spread sheet, accounting programme or other piece of software which does useful work for the end user.
- Arbitration
-
The hearing of a dispute by an impartial third person or persons (chosen by the parties), whose award the parties agree to accept.
- Arbitrator
-
A private, disinterested person chosen by the parties in arbitration to hear evidence concerning the dispute and to make an award based on the evidence.
- Arraignment
-
The hearing at which the accused is brought before the court to plead to the criminal charge in the indictment. He may plead "guilty," "not guilty," or where permitted "nolo contendere." (See preliminary hearing.)
- Arrest
-
To take into custody by legal authority.
- Assault
-
Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.
- Assignment
-
The transfer to another person of any property, real or personal.
- Assumption of risk
-
A doctrine under which a person may not recover for an injury received when he has voluntarily exposed himself to a known danger.
- At issue
-
The time in a lawsuit when the complaining party has stated their claim and the other side has responded with a denial and the matter is ready to be tried.
- Attachment
-
Taking a person's property to satisfy a court-ordered debt.
B
- Backup
-
To save a copy of data stored on a Disk on to another medium, usually tape or optical disc. Backup is meant to provide a reserve copy of data in case something terrible were to happen to the disk
- Bail
-
Money or other security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure their appearance in court. "Bail" and "Bond" are often used interchangeably.
- Bail bond
-
An obligation signed by the accused to secure his or her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as "bond."
- Bailiff
-
An officer of the court responsible for keeping order and maintaining appropriate courtroom decorum and has custody of the jury.
- Bankruptcy
-
Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or "discharged" from their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. The person with the debts is called the debtor and the people or companies to whom the debtor owes money are called creditors.
- Bankruptcy law
-
The area of law dealing with the handling of bankrupt persons or businesses.
- Bar
-
1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial.
-
2. More commonly, the term means the who body of lawyers.
- Battery
-
A beating, or wrongful physical violence. The actual threat to use force is an "assault;" the use of it is a battery, which usually includes an assault.
- Beneficiary
-
Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust.
- Bequeath
-
To give a gift to someone through a will.
- Bequests
-
Gifts made in a will.
- Best evidence
-
Primary evidence; the best evidence available. Evidence short of this is "secondary." That is, an original letter is "best evidence," and a photocopy is "secondary evidence."
- Beyond a reasonable doubt
-
The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.
- Bill of particulars
-
A statement of the details of the charge made against the defendant.
- Bona Fide
-
In good faith
- Bona vacantia
-
The owner of the goods could not be located or without proper ownership
- Bond
-
A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property.
- Booking
-
The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest.
- Breach
-
The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract.
- Breach of contract
-
An unjustified failure to perform when performance is due.
- Brief
-
A written argument by counsel arguing a case, which contains a summary of the facts of the case, pertinent laws, and an argument of how the law applies to the fact situation. Also called a memorandum of law.
- Browser
-
A programme which allows a person to read documents on the www and to move between their links.
- Bug
-
An error or problem with computer hardware or software.
- Bulletin Board
-
A computer system used for posting electronic messages. Messages are organized into files on the bulletin board’s Hard Disk usually by topic.
- Burden of proof
-
In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof). It deals with which side must establish a point or points. (See standard of proof.)
- Burglary
-
The act of illegal entry with the intent to steal.
- Business bankruptcy
-
A proceeding under the Bankruptcy Code filed by a business entity.
- Bylaws
-
Rules or laws adopted by an association or corporation to govern its actions.
C
- Cache
-
Caching is when a server with vast capacity holds copies of the most popular pages on the WWW
- Calendar
-
A list of cases scheduled for hearing in court.
- Canons of ethics
-
Standards of ethical conduct for attorneys.
- Capacity
-
Having legal authority or mental ability. Being of sound mind.
- Case law
-
Law established by previous decisions of appellate courts.
- Cases
-
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
- Cause
-
A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.
- Cause of action
-
The fact or facts which give a person a right to relief in court.
- Caveat
-
A warning; a note of caution.
- CD-ROM
-
Short for Compact Disk, Read Only memory, the medium of choice for the first generation of Multimedia publishers.
- Censure
-
An official reprimand or condemnation of an attorney. (See disbarment or suspension.)
- Certification
-
1. Written attestation.
-
2. Authorized declaration verifying that an instrument is a true and correct copy of the original.
- Certiorari
-
A writ of review issued by a higher court to a lower court. Getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal.
- Ceteris peribus
-
Things remains the same
- Challenge
-
An objection, such as when an attorney objects at a hearing to the seating of a particular person on a civil or criminal jury.
- Challenge for cause
-
A request from a party to a judge that a certain prospective juror not be allowed to be a member of a jury because of specified causes or reasons. (Also, see peremptory challenge.)
- Chattel
-
An article of personal property.
- Child
-
Offspring of parentage; progeny.
- Chronological
-
Arranged in the order in which events happened; according to date.
- Circumstantial evidence
-
All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn.
- Citation
-
A writ or order issued by a court commanding the person named therein to appear at the time and place named; also the written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents.
- Civil
-
Relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings.
- Civil action
-
An action brought to enforce or protect private rights.
- Civil law
-
Law based on a series of written codes or laws.
- Civil procedure
-
The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.
- Claim
-
A debt owing by a debtor to another person or business. In probate parlance, the term used for debts of the decedent and a procedure that must be followed by a creditor to obtain payment from his estate.
- Class action
-
A lawsuit brought by one or more persons on behalf of a larger group.
- Clear and convincing evidence
-
Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case.
- Closing argument
-
The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.
- Collate
-
To arrange in order; verify arrangement of pages before binding or fastening; put together.
- Collective mark
-
Trademark or service mark used by members of a cooperative, an association, or other collective group or organization.
- Commit
-
To send a person to prison, asylum, or reformatory by a court order.
- Common law
-
Law established by subject matter heard in earlier cases.
- Comparative negligence
-
The rule under which negligence is measured by percentage, and damages are diminished in proportion to the amount of negligence attributable to the person seeking recovery.
- Complainant
-
The party who complains or sues; one who applies to the court for legal redress. (See also plaintiff.)
- Complaint
-
1. The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take.
-
2. Formal written charge that a person has committed a criminal offense.
- Conciliation
-
A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but is may be less formal.
- Concurrent sentences
-
Sentences for more than one crime that are to be served at the same time, rather than one after the other. (See also cumulative or consecutive sentences.)
- Consecutive sentences
-
Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations. (See also cumulative or concurrent sentences.)
- Consent
-
Agreement; voluntary acceptance of the wish of another.
- Consensus
-
Unanimously or, by general consent and agreement
- Consensus ad idem
-
The meeting of the minds of 2 or more parties
- Consideration
-
The price bargained for and paid for a promise, goods, or real estate.
- Constitution
-
The fundamental law of a nation or state which establishes the character and basic principles of the government.
- Constitutional law
-
Law set forth in the Constitution
- Consumer bankruptcy
-
A proceeding under the Bankruptcy Code filed by an individual (or husband and wife) who is not in business.
- Contempt of court
-
Willful disobedience of a judge's command or of an official court order.
- Contra
-
To the contrary
- Contra bonos mores
-
Contrary to good morals
- Contract
-
An agreement between two or more persons which creates an obligation to do or not to do a particular thing. A legally enforceable agreement between two or more competent parties made either orally or in writing.
- Contributory negligence
-
The rule of law under which an act or omission of plaintiff is a contributing cause of injury and a bar to recovery.
- Conveyance
-
Instrument transferring title of land for one person or group of persons to another.
- Conviction
-
A judgment of guilt against a criminal defendant.
- Coram non judice
-
Before one who is not a judge
- Corpus
-
Body
- Corpus delicti
-
The body of the offence
- Custos morum
-
A guardian of morals
- Corroborating evidence
-
Supplementary evidence that tends to strengthen or confirm the initial evidence.
- Counsel
-
A legal adviser; a term used to refer to lawyers in a case.
- Counterclaim
-
A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit.
- Court
-
A body in government to which the administration of justice is delegated.
- Court costs
-
The expenses of prosecuting or defending a lawsuit, other than the attorney fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs.
- Court of original jurisdiction
-
A court where a matter is initiated and heard in the first instance; a trial court.
- Court rules
-
Regulations governing practice and procedure in the various courts.
- Crash
-
A verb or a noun describing what happens when a computer or programme ceases to function.
- Creditor
-
A person to whom a debt is owed by another.
- Crime
-
An act in violation of the penal laws. A positive or negative act in violation of penal law.
- Criminal justice system
-
The network of courts and tribunals which deal with criminal law and its enforcement.
- Cross-claim
-
A pleading which asserts a claim arising out of the same subject action as the original complaint against a co-party, i.e., one co-defendant cross claims against another co-defendant for contribution for any damages assessed against him.
- Cross-examination
-
The questioning of a witness produced by the other side.
- Cumulative sentences
-
Sentences for two or more crimes to run consecutively, rather than concurrently.
- Custody
-
Detaining of a person by lawful process or authority to assure his or her appearance to any hearing; the jailing or imprisonment of a person convicted of a crime.
- Cyberspace
-
The virtual geography created by computers and networks; the world behind the screen
- Cadit quaestio
-
The matter admits of no further argument
- Certiorari
-
Originally a writ from a High Court to a lower Court
- Ceteris peribus
-
Other things being equal
- Consensus
-
Unanimously or, by general consent
- Consensus ad idem
-
Agreement as to the same things
- Contra
-
To the contrary
- Contra bonos mores
-
Contrary to good morals
- Coram non judice
-
Before one who is not a judge
- Corpus
-
Body
- Corpus delicti
-
The body of the offence
- Custos morum
-
A guardian of morals
D
- Damages
-
Money awarded by a court to a person injured by the unlawful actor negligence of another person.
- Database
-
A computerized filing system which forms the core of most corporate computer systems.
- De-encrypt
-
The process of unscrambling encrypted data or text
- De bonis asportatis
-
Of goods carried away
- De die in diem
-
From day to day
- De facto
-
In fact
- De futuro
-
In the future
- De integro
-
As regards the whole
- De jure
-
Rightful, by right
- De novo
-
Starting afresh
- Debtor
-
One who owes a debt to another; a person filing for relief under the Bankruptcy Code.
- Decision
-
The opinion of the court in concluding a case at law.
- Declaratory judgment
-
A statutory remedy for judicial determination of a controversy where plaintiff is in doubt about his legal rights.
- Decree
-
An order of the court. A final decree is one that fully and finally disposes of the litigation. (See interlocutory.)
- Defamation
-
That which tends to injure a person's reputation. (See libel and slander.)
- Default
-
Failure of the defendant to appear and answer the summons and complaint.
- Default judgment
-
A judgment entered against a party who fails to appear in court or respond to the charges.
- Defendant
-
The person defending or denying a suit.
- Defence of property
-
Affirmative defence in criminal law or tort law where force was used to protect one's property.
- Deficient
-
Incomplete; defective; not sufficient in quantity or force.
- Defunct
-
A corporation no longer operative; having ceased to exist.
- Demurrer
-
A pleading filed by the defendant that the complaint as filed is not sufficient to require an answer.
- Dependent
-
One who derives existence and support from another.
- Deposition
-
Testimony of a witness or a party taken under oath outside the courtroom, the transcript of which becomes a part of the court's file.
- Digest
-
An index or compilation of abstracts of reported cases into one, set forth under proper law topic headings or titles and usually in alphabetical arrangement.
- Digital Signature
-
A cryptography technique which ensures that an electronic document really does come from the person whose name is at the top.
- Direct evidence
-
Proof of facts by witnesses who saw acts done or heard words spoken.
- Direct examination
-
The first questioning of witnesses by the party on whose behalf they are called.
- Directed verdict
-
In a case in which the plaintiff has failed to present on the facts of his case proper evidence for jury consideration, the trial judge may order the entry of a verdict without allowing the jury to consider it.
- Discharge
-
The name given to the bankruptcy court's formal discharge of a debtor's debts. In probate, the release of the estate's representative from fiduciary responsibility.
- Disclaim
-
To refuse a gift made in a will.
- Discovery
-
The name given pretrial devices for obtaining facts and information about the case.
- Disk
-
A medium for storage of Data
- Dismissal
-
The termination of a lawsuit. (See with prejudice and without prejudice.)
- Dissent To disagree
-
An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.
- Dissolution
-
The termination; process of dissolving or winding up something.
- Diversity of citizenship
-
The condition when the party on one side of a lawsuit is a citizen of one state and the other party is a citizen of another state; such cases are under the jurisdiction of federal courts.
- Diversion
-
The process of removing some minor criminal, traffic, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.
- Doli incapax
-
Incapable of crime
- Domain
-
A named part of a network. It is most often used to refer to one of the independent networks which make up the internet.
- Domain Name
-
The name given to a domain on the internet. A domain name is a URL
- Domicile
-
The place where a person has his permanent home to which he intends to return.
- Dominium
-
Ownership
- Double jeopardy
-
Putting a person on trial more than once for the same crime.
- Download
-
To transfer from a remote computer to a local one
- Dubitante
-
Doubting the correctness of the decision
- Due process of law
-
The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses.
- De bonis asportatis
-
Of goods carried away
- De die in diem
-
From day to day
- De facto
-
In fact
- De futuro
-
In the future
- De integro
-
As regards the whole
- De jure
-
Rightful, by right
- De novo
-
Starting afresh
- Doli incapax
-
Incapable of crime
- Dominium
-
Ownership
- Dubitante
-
Doubting the correctness of the decision
E
- Ei incumbit probatio qui
-
The onus of proving a fact rests upon the man
- Ex post facto
-
a subsequent fact
- Elements of a crime
-
Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (1) that a crime has actually occurred, (2) that the accused intended the crime to happen, and (3) a timely relationship between the first two factors.
- Encrypt
-
The complex mathematical process of disguising text or data
- Enjoining
-
An order by the court telling a person to stop performing a specific act.
- Entity
-
person or legally recognized organization.
- Entrapment
-
The act of inducing a person to commit a crime so that a criminal charge will be brought against him.
- Entry
-
A statement of conclusion reached by the court and placed in the court record.
- Environment
-
The conditions, influences, or forces which affect the desirability and value of property, as well as the effect on people's lives.
- Environmental Protection
-
An agency created to permit coordinated and environment effective governmental action to preserve the quality of the Agency
-
Short for electronic mail.
- Equal Protection of the Law
-
The guarantee that all persons be treated equally by the law.
- Equity
-
Justice administered according to fairness; the spirit or habit of fairness in dealing with other persons.
- Escrow
-
Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.
- Estate
-
A person's property.
- Estate tax
-
Generally, a tax on the privilege of transferring property to others after a person's death. In addition to federal estate taxes, many states have their own estate taxes.
- Estoppel
-
An impediment that prevents a person from asserting or doing something contrary to his own previous assertion or act.
- Et cetera
-
Other things of that type
- Ethics
-
Of or relating to moral action and conduct; professionally right; conforming to professional standards.
- Evidence
-
Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ex cathedra
-
With official authority
- Ex concessis
-
In view of what has already been accepted
- Ex facie
-
On the fact of it
- Ex gratia
-
Out of kindness, voluntary
- Ex parte
-
Proceeding brought by one person in the absence of another
- Exceptions
-
Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.
- Exclusionary Rule
-
The rule preventing illegally obtained evidence to be used in any trial.
- Execute
-
To complete; to sign; to carry out according to its terms.
- Executor
-
A personal representative, named in a will, who administers an estate.
- Exempt property
-
All the property of a debtor which is not attachable under the Bankruptcy Code or the state statute.
- Exhibit
-
A document or other item introduced as evidence during a trial or hearing.
- Exonerate
-
Removal of a charge, responsibility, or duty.
- Ex parte
-
On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.
- Ex parte proceeding
-
Action Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be.
- Extradition
-
The surrender of an accused criminal by one state to the jurisdiction of another.
- Ei incumbit probatio qui
-
The onus of proving a fact rests upon the man
- Et cetera
-
Other things of that type
- Ex cathedra
-
With official authority
- Ex concessis
-
In view of what has already been accepted
- Ex facie
-
On the fact of it
- Ex gratia
-
Out of kindness, voluntary
- Ex parte
-
Proceeding brought by one person in the absence of another
- Ex post facto
-
By reason of a subsequent act
F
- Faciendum
-
Something which is to be done
- Factum
-
An act or deed
- Fructus naturales
-
Vegetation which grows naturally without cultivation
- Fair market value
-
The value for which a reasonable seller would sell an item of property and for which a reasonable buyer would buy it.
- Felony
-
A serious criminal offense. Under federal law any offense punishable by death or imprisonment for a term exceeding one year.
- Fiduciary
-
A person or institution who manages money or property for another and who must exercise a standard care imposed by law, i.e., personal representative or executor of an estate, a trustee, etc.
- File
-
1. To place a paper in the official custody of the clerk of court/court administrator to enter into the files or records of a case.
-
2. The organizing unit on a computer disk
- Filing Fee
-
The fee required for filing various documents.
- Finding
-
Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact.
- Firewall
-
Hardware or software designed to protect network systems from damage by outsiders
- Foreclosure
-
A court proceeding upon default in a mortgage to vest title in the mortgagee.
- Forfeiture
-
A cancellation. A legal action whereby a contract purchaser following default loses all his interest in the property.
- Forum
-
A collection of threads accessible through an online service provider
- Frame
-
A portion of Webpage which can be treated as a space of its own: it can be scrolled while the remainder of the page stays static; it can remain rock solid while the rest of the page breezes past
- Fraud
-
A false representation of a matter of fact which is intended to deceive another.
G
- Garnishment
-
A legal proceeding in which a debtor's money, in the possession of another (called the garnishee) is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages.
- General jurisdiction
-
Refers to courts that have no limit on the types of criminal and civil cases they may hear.
- Grantor
-
The person who sets up a trust. Also referred to as "settlor."
- Grievance
-
In labor law a complaint filed by an employee regarding working conditions to be resolved by procedural machinery provided in the union contract. An injury, injustice, or wrong which gives ground for complaint.
H
- Habeas corpus
-
The name of a writ having for its object to bring a person before a court.
- Harmless error
-
An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.
- Hearing
-
A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard. Hearings are used extensively by legislative and administrative agencies.
- Hearsay
-
Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Hostile witness
-
A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand.
- Hypertext
-
Text that need not be read from the beginning to the end, but instead can be browsed in any number of different orders, at the readers whim, by following internal route marks called links.
I
- Immunity
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Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence.
- Implied contract
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A contract not created or evidenced by the explicit agreement of the parties but one inferred by law; as the use of electric power in your home implies a contract with the light company.
Inadmissible - That which, under the rules of evidence, cannot be admitted or received as evidence. - Inbox
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The storage area on a client computer or a server where e-mails are received and stored.
- Incapacity
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Lack of legal ability to act; disability, incompetence; lack of adequate power.
- Incarceration
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Imprisonment in a jail or penitentiary.
- Incompetent
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One who lacks ability, legal qualification, or fitness to manage his own affairs.
- Initial appearance
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The defendant comes before a judge within hours of the arrest to determine whether or not there is probable cause for his or her arrest.
- Information
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Accusatory document, filed by the prosecutor, detailing the charges against the defendant. An alternative to an indictment, it serves to bring a defendant to trial.
- Injunction
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A prohibitive order or remedy issued by the court at the suit of the complaining party, which forbids the defendant to do some act which he is threatening or attempting to do. Conversely, it may require him to perform an act which he is obligated to perform but refuses to do.
- Insolvent
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When the total debt of an entity is greater than all of its property.
- Intangible assets
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Nonphysical items such as stock certificates, bonds, bank accounts, and pension benefits that have value and must be taken into account in estate planning.
- Intentional tort
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Wrong perpetrated by one who intends to break the law.
- Interlocutory
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Temporary; provisional; interim; not final.
- Involuntary bankruptcy
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A proceeding initiated by creditors requesting the bankruptcy court to place a debtor in liquidation.
- Issue
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1. The disputed pint in a disagreement between parties in a lawsuit.
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2. To send out officially, as in to issue an order.
- Idem
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The same person or thing
- Id est (i.e)
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That is
- In camera
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In private
- In delicto
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At fault
- Indicia
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Marks, signs
- In esse
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In existence
- In extenso
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At full length
- In futoro
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In the future
- In limine
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At the outset, on the threshold
- In loco parentis
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In place of the parent
- In omnibus
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In every respect
- In pleno
-
In full
- In situ
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In its place
- Inter alia
-
Amongst other things
- Interium
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Temporary, in the meanwhile
- In terrorem
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As a warning or deterrent
- Ipsissima verba
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The very words of a speaker
- Ipso facto
-
By that very fact
J
- Joint and several liability -
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A legal doctrine that makes each of the parties who are responsible for an injury, liable for all the damages awarded in a lawsuit if the other parties responsible cannot pay.
- Judgment
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The official and authentic decision of a court of justice upon the rights and claims of parties to an action or suit submitted to the court for determination.
- Judgment debtor
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One who owes money as a result of a judgment in favor of a creditor.
- Judicial lien
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A lien obtained by judgment or other judicial process against a debtor.
- Judicial review
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The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.
- Jurisdiction
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The power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear.
- Jurisprudence
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The study of law and the structure of the legal system.
- Justiciable
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Issues and claims capable of being properly examined in court.
- Jus
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A right that is recognised in law
- Jus naturale
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Natural justice
L
- Larceny
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Obtaining property by fraud or deceit.
- Lawsuit
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An action or proceeding in a civil court; term used for a suit or action between two private parties in a court of law.
- Leading question
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A question that suggests the answer desired of the witness. A party generally may not ask one's own witness leading questions. Leading questions may be asked only of hostile witnesses and on cross-examination.
- Legal process
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A formal paper that is legally valid; something issuing from the court, usually a command such as a writ or mandate.
- Legislation
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The act of giving or enacting laws; the power to make laws via legislation in contrast to court-made laws.
- Legitimate
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That which is legal, lawful, recognized by law or according to law.
- Liable
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Legally responsible.
- Libel
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Published defamation which tends to injure a person's reputation.
- Licensing boards
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State agencies created to regulate the issuance of licenses, i.e., to contractors, cosmetologists, realtors, etc.
- Lien
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An encumbrance or legal burden upon property.
- Limited Jurisdiction
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Refers to courts that are limited in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by limited jurisdiction courts.
- Locus in quo
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Scene of the event
M
- Magnum opus
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A great work of literature
- Mala fides
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Bad faith
- Malfeasance
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The commission of an unlawful act.
- Malicious prosecution
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An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.
- Malpractice
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Any professional misconduct.
- Mediation
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A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.
- Mens rea
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Guilty state of mind
- Memorandum
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An informal note or instrument embodying something the parties desire to have in written evidence.
- Merger
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The absorption of one thing or right into another.
- Minor
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A person under the age of legal competence.
- Misdemeanor
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A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than in a penitentiary.
- Misfeasance
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Improper performance of an act which a person might lawfully do.
- Mistrial
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An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
- Mitigating circumstances
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Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.
- Mitigation
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A reduction, abatement, or diminution of a penalty or punishment imposed by law.
- Motion
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An application made to a court or judge which requests a ruling or order in favor of the applicant.
- Mutual assent
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A meeting of the minds; agreement.
N
- Negligence
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Failure to use care which a reasonable and prudent person would use under similar circumstances.
- Negotiation
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The process of submission and consideration of offers until an acceptable offer is made and accepted.
- Nemo dat quod non habet
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On one can give a better title than he has
- Next friend
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One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability.
- Nexus
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Connection
- Nisi
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Unless
- No-fault Proceedings
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A civil case in which parties may resolve their dispute without a formal finding of error or fault.
- Non compus mentis
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Not of sound mind and understanding
- Non constat
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It is not certain
- Non est factum
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It is not his deed
- Nonfeasance
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Nonperformance of an act which should be performed; omission to perform a required duty or total neglect of duty.
- Non sequitur
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An inconsistent statement, it does not follow
- Notice
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Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.
O
- Oath
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A solemn pledge made under a sense of responsibility in attestation of the truth of a statement or in verification of a statement made.
- Objection
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The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.
- Official reports
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The publication of cumulated court decisions of state or federal courts in advance sheets and bound volumes as provided by statutory authority.
- Onus probandi
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Burden of proof
- Opinion
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A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. (A per curiam opinion is an unsigned opinion "of the court.")
- Order
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A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.
- Ordinance
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A rule established by authority; may be a municipal statute of a city council, regulating such matters as zoning, building, safety, matters of municipality, etc.
- Orse
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Otherwise
- Overrule
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A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.
P
- Par delictum
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Equal fault
- Pari passu
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On an equal footing
- Parol evidence
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Oral or verbal evidence; evidence given by word of mouth in court.
- Patent
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A grant to an inventor of the right to exclude others for a limited time from make, using, or selling his invention in the United States.
- Patent and Trademark Office
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The agency which examines and issues patents and registers trademarks.
- Per curiam
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In the opinion of the court
- Peremptory challenge
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Request by a party that a judge not allow a certain prospective juror as a member of the jury. No reason or cause need be stated.
- Per minas
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By means of menaces or threats
- Periodical
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A publication which appears regularly but less often than daily.
- Perjury
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The criminal offense of making a false statement under oath.
- Permanent injunction
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A court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction.
- Per quod
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By reason of which
- Petitioner
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The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court. (See respondent.)
- Plaintiff
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A person who brings an action; the party who complains or sues in a civil action. (See complainant.)
- Plea
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The first pleading by a criminal defendant, the defendant's declaration in open court that he or she is guilty or not guilty. The defendant's answer to the charges made in the indictment or information.
- Pleadings
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The written statements of fact and law filed by the parties to a lawsuit.
- Post mortem
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After death
- Power
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Authority to do. One has the power to do something if he is of legal age. Also, used as "powers," the term refers to authority granted by one person to another, i.e., powers given an executor in a will or an agent in a power of attorney.
- Power of attorney
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An formal instrument authorizing another to act as one's agent or attorney.
- Precedent
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Laws established by previous cases which must be followed in cases involving identical circumstances.
- Preinjunction
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Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. It differs from a temporary restraining order.
- Preliminary hearing
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Also, preliminary examination. A hearing by a judge to determine whether a person charged with a crime should be held for trial. (See arraignment.)
- Preponderance of the proof
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Greater weight of the evidence, the common standard of evidence in civil cases.
- Prima facie
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On the face of it
- Prima facie case
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A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process.
- Prima impressionis
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On first impression
- Primary authority
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Constitutions, codes, statutes, ordinances, and case law sources.
- Private law
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That law, such as a contract between two persons or a real estate transaction, which applies only to the persons who subject themselves to it.
- Privilege
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A benefit or advantage to certain persons beyond the advantages of other persons, i.e., an exemption, immunity, power, etc.
- Probable cause
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A reasonable belief that a crime has or is being committed; the basis for all lawful searches, seizures, and arrests.
- Product liability
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Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defects in goods.
- Pro hac vice
-
For this occasion
- Promisee
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An individual to whom a promise is made.
- Promisor
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An individual who makes a promise.
- Promissory estoppel
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A promise which estops the promisee from asserting or taking certain action.
- Proprietor
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Owner; person who has legal right or title to anything.
- Pro rata
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In proportion
- Pro tanto
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So far, to that extent
- Pro tempore
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For the time being
- Proxy
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The instrument authorizing one person to represent, act, and vote for another at a shareholders' meeting of a corporation.
- Publici juris
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Of public right
- Public law
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That law such as traffic ordinances or zoning ordinances which applies to the public.
- Punitive damages
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Money award given to punish the defendant or wrongdoer.
- Purchase agreement or purchase offer
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Also, sales agreement and earnest money contract. Agreement between buyer and seller of property which sets forth in general the price and terms of a proposed sale.
Q
- Quaeitur
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The question is raised
- Quaere
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Consider whether it is correct
- Quantum
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How much, an amount
- Quash
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To vacate or void a summons, subpoena, etc.
- Quasi-contract
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An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties.
- Quasi-criminal Action
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A classification of actions such as violation of a city ordinance that is not also violation of a criminal statute, which are wrongs against the public punishable through fines but are not usually indictable offenses.
- Quid pro quo
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Consideration, something for something
R
- Re
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In the matter of
- Reasonable doubt
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An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt;" that state of minds of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.
- Rebut
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Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence. (See rejoinder.)
- Record
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All the documents and evidence plus transcripts of oral proceedings in a case.
- Redress
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To set right; to remedy; to compensate; to remove the causes of a grievance.
- Registered mark
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Trademark with the words "Registered in the Patent and Trademark Office" or the letter "R" enclosed within a circle.
- Remand
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To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling.
- Remedy
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Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.
- Request for production of documents
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A direction or command served upon another party for production of specified documents for review with respect to a suit; a discovery devise.
- Res
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Matter, affair, thing, circumstance
- Res Gestae
-
The thing done
- Res nulis
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Nobody’s property
- Rescission
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The unmaking or undoing of a contract; repeal.
- Respondent
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The person against whom an appeal is taken. (See petitioner.)
- Restitution
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Act of restoring anything to its rightful owner; the act of restoring someone to an economic position he enjoyed before he suffered a loss.
- Revoke
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To cancel or nullify a legal document.
- Rules of evidence
-
Standards governing whether evidence in a civil or criminal case is admissible.
S
- Sciens
-
Knowingly
- Seal
-
To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal.
- Search warrant
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A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence.
- Secured debts
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In bankruptcy, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral.
- Secus
-
The legal position is different, it is otherwise
- Se defendendo
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In self defence
- Sentence
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The punishment ordered by a court for a defendant convicted of a crime.
- Settlement
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An agreement between the parties disposing of a lawsuit.
- Slander
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Spoken defamation which tends to injure a person's reputation. (See libel.)
- Specific performance
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A remedy requiring a person who has breached a contract to perform specifically what he or she has agreed to do. Specific performance is ordered when damages would be inadequate compensation.
- Standard of proof
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Indicates the degree to which the point must be proven. In a civil case, the burden of proof rests with the plaintiff, who must establish his or her case by such standards of proof as a "preponderance of evidence" or "clear and convincing evidence." (See burden of proof.)
- Standing
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The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.
- Stay
-
A court order halting a judicial proceeding.
- Stet
-
Do not delete, let it stand
- Strict liability
-
Concept applied by the courts in product liability cases that when a manufacturer presents his goods for public sale, he is representing that they are suitable for their intended use.
- Sub modo
-
Within limits
- Sub nomine
-
Under the name of
- Subpoena
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A command to appear at a certain time and place to give testimony upon a certain matter.
- Sub silentio
-
In silence
- Substantive law
-
The statutory or written law that governs rights and obligations of those who are subject to it.
- Suggestio falsi
-
The suggestion of something which is untrue
- Sui generis
-
Unique
- Summary judgment
-
A judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law.
- Summons
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Instrument used to commence a civil action or special proceeding; the means of acquiring jurisdiction over a party.
- Suppressio veri
-
The suppression of the truth
T
- Talis qualis
-
Such as it is
- Temporary relief
-
Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.
- Testimony
-
The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.
- Third party complaint
-
A petition filed by a defendant against a third party (not presently a party to the suit) which alleges that the third party is liable for all or part of the damages plaintiff may win from defendant.
- Title
-
Legal ownership of property, usually real property or automobiles.
- Tort
-
A private or civil wrong or injury for which the court provides a remedy through an action for damages.
- Trademark
-
A word, name, symbol, or devise used by a manufacturer to distinguish his goods from those sold by others.
- Transcript
-
A written, word-for-word record of what was said. Usually refers to a record of a trial, hearing, or other proceeding which has been transcribed from a recording or from shorthand.
- Treatise
-
A formal and systematic book or writing containing a narrative statement on a field of law.
U
- Uberrima fides
-
Good faith
- Unfair labor practice
-
Actions by the employer which interfere with, restrain, coerce, or threaten employees with respect to their rights.
- Unilateral contract
-
An agreement by which one undertakes an express performance without receiving any express promise of performance from the other.
- Union
-
An organization of workers formed for the purpose of collective bargaining.
- Uno flatu
-
At the same moment, with one breath
V
- Verbatim
-
Word by word, exactly
- Verdict
-
A conclusion, as to fact or law, that forms the basis for the court's judgment.
- Vice versa
-
The other way around
- Vide
-
See
- Void
-
Invalid; a void agreement is one for which there is no remedy.
- Voidable
-
Capable of being declared invalid; a voidable contract is one where a person may avoid his obligation, as a contract between an adult and a minor.
- Volens
-
Willing
- Voluntary bankruptcy
-
A proceeding by which a debtor voluntarily asks for a discharge of his debts under the Bankruptcy Code.
W
- Waiver
-
Intentionally given up a right.
- Warrant
-
Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based.
- Warranty
-
A promise that a proposition of fact is true.
- Without prejudice
-
A declaration that no rights or privileges of the party concerned are waived or lost. In a dismissal these words maintain the right to bring a subsequent suit on the same claim.
- Writ
-
A judicial order directing a person to do something.